October 11, 2011

Buddhist Temple Massacre

By declining to hear the case, the U.S. Supreme Court lets-stand a lower court decision to toss out the confession of a man convicted of killing nine people at a Buddhist temple in the west Valley. ASU Law professor Gary Stuart, who authored a book about coerced confessions of early suspects in Buddhist Temple murders, comments the case.

Ted Simons: Well, convicted Buddhist Temple murderer Jonathan Doody could soon go free. The U.S. Supreme Court refused to reconsider a 9th Circuit Court of Appeals ruling that threw out Doody’s confession because his Miranda rights were not properly read. Doody was convicted of killing nine people at a West Valley Buddhist Temple in 1991. Here to talk about the Court's decision is Gary Stuart, an experienced trial attorney and senior policy advisory at ASU's Sandra Day O'Connor College of Law. Stuart also the author of a book that focused on coerced early confessions in the Buddhist Temple murders. Good to see again. Thanks for joining us.
Gary Stuart: Thanks Ted. Thanks for having me back.

Ted Simons: So 20 years ago, real brief overview of what happened in the West Valley.

Gary Stuart: Two people broke into a Buddhist Temple and killed six monks and three other people in an execution-style killing that shocked certainly Arizona, all of America, and most of Thailand. That was the crime.

Ted Simons: And eventually we had four suspects that you wrote about in details in your book who had coerced confessions. Once that was out of the way, we did have two folks who wound up convicted of the crime, including Jonathan Doody.
Gary Stuart: One was tried and convicted; the other pled guilty and was convicted. So they had a very different court process.

Ted Simons: Doody was the one who was tried?

Gary Stuart: Right, he was tried in the summer of 1993.

Ted Simons: What was the 9th Circuit Court of Appeals rule regarding a confession used in the trial?

Gary Stuart: They looked very carefully at Doody's confession. They listened to the audiotapes, the judges actually listened to the audio tapes, read the transcripts and they decided that his confession coerced by the interrogating officers, that it was involuntary because it was overborne. In addition to that, they held that his Miranda rights were improperly given to him. The Miranda rights can be read on a card by a police officer in less than 30 seconds. They can be read from the official form in probably 60 seconds. It took 14 pages of transcript to explain those rights to him by the interrogating officers. And that was the most serious problem identified by the 9th Circuit Court of Appeals.

Ted Simons: Was there a language problem involved?

Gary Stuart: There wasn't much of a language, he was fluent in English, but he was a Thai speaker. He was exhausted at the time. All of this took place starting at 10 p.m., 10:15 at night, and didn't finish until 10:00 a.m. the following morning. There was this long exhaustive time period where his will was overborne. It began by giving him his Miranda rights, but explaining them and minimizing them. That's what the 9th Circuit Court of Appeals held.

Ted Simons: And the Supreme Court said we're not going to look at this again, because the 9th got it right.

Gary Stuart: The 9th got it right the second time. They looked at this case a year ago this time and they sent it back to the 9th circuit and said take a second and look at this and write another case called Florida vs. POW. They came back with this decision, and they said, all right, you've looked twice, we're not going to look at it again.

Ted Simons: Now you’ve seen the transcripts, you referred to the tapes. You know what went on as best as anyone could who wasn’t there regarding this confession. How did he confess? How long did it take to get him to confess?

Gary Stuart: If you chart the time -- and there was a really good chart made by the police officers -- it took about six hours into his interrogation, which is in the wee hours of the morning, 4:00 a.m., 5:00 a.m. after he was arrested the prior night. Before he started he admitted physically being at the scene of the crime. He admitted that he was there, that there were several others there, none from Tucson, and all from the west side of town. And that he did not participate in the killings. He was outside in the parking lot at the time the killings took place. He simply did not participate, that's his whole confession.

Ted Simons: And, but, so ---I don't -- I don't understand. That doesn't sound like much of a confession.

Gary Stuart: It isn't much of a confession except under the felony murder rule, it is a confession of being physically present at a time when a brutal crime, murder in this case, came about. So that's enough to convict him of felony murder. If the jury believes that, if they believe that came out of his mouth, they listened to it with headphones and read his transcript. But they only found him guilty of felony murder, not of premeditated murder.

Ted Simons: That's why we don't see a death penalty?

Gary Stuart: Well, we don't see a death penalty because the judge decided the death penalty was inappropriate and declined to give it at all.Based on the trial, based on the evidence and based on the judgment of the trial judge.

Ted Simons: What happens now? The county prosecutors refile? I can't imagine they are going to just let him walk free?

Gary Stuart: Well, there are some housekeeping details. The case goes physically back to the 9th Circuit Court of Appeals, the 9th Circuit Court of Appeals prepares new documents and send it down to the U.S. District Court here in Arizona. The district court was ordered to either release Jonathan Doody or allow the State to retry him. The ball will really fall in the Maricopa County attorney's office. They will make a decision about whether or not to retry Jonathan Doody. It's likely they will make an affirmative decision and start that process of preparing a new trial for Jonathan Doody.

Ted Simons: And that means getting his accomplice, this Alessandro Garcia, I believe his name was, who helped with the prosecution last time, to help again. He's obviously put away forever. Is he going to help again?

Gary Stuart: That's one of the biggest questions to be answered.

Gary Stuart: The terms of his plea deal probably obligate him to testify again. Or they could try to use his trial testimony; they have that as a matter of record. But he may say, sure, I'd like to come back to Phoenix. He may not say that. No one knows. So that's a big problem for the prosecutor. But the bigger problem is, if that's the only evidence against him -- because his confession is now inadmissible --

Ted Simons: Right.

Gary Stuart: -- there's no forensic evidence of any kind to place him at the crime scene. Somebody physically has to put him in that room. It's not going to come from him this time. Last time it did. The only person that can do that is Garcia. So Garcia may agree, he may disagree. So that's a big giant question as to whether or not the retrial will be successful. There are lots of other questions but they have to start with that one.

Ted Simons: When Doody's attorney says this confession, now is inadmissible, just forget about it – it does’t exist. When they say that confession is the cornerstone of the prosecution's case, they may have a point?

Gary Stuart: They have a big point. That was the cornerstone. The only other evidence that puts him at the scene is by Alex Garcia. There is no other evidence.

Ted Simons: We talked about your book last time you were on the program, mostly about the Tucson four originally confessing to the crime and had absolutely nothing to do with it. When you hear about this confession under these circumstances, surprise you at all?

Gary Stuart: No. If you read the 9th Circuit Court of Appeals' opinion, they start on the first page of their opinion -- it's a long opinion, 106 pages -- they start with what happened in Tucson. They remind the readers of the opinion that the same team of investigators that took these false confessions and coerced them also took these purportedly true confessions and coerced at least one of those. They have never looked at Garcia's confession. Every confession they have looked at they have found to be coerced by the interrogators and not given voluntarily by the suspects. So it doesn't surprise me, after having read the transcripts and listened to the audiotapes. Frankly, nor does it anyone else, at least as to the first group.

Ted Simons: All right. Fascinating stuff. Good to have you on the show, good to see you again. Thanks for joining us.

Gary Stuart: Thanks, Ted, bye-bye.

Shift Arizona: Campaign to Buy Locally

Local First Arizona and METRO Light Rail are teaming-up on an advertising campaign to encourage people to shop at locally-owned businesses near the light rail line. Kimber Lanning, director of Local First Arizona, talks about the partnership.

Ted Simons: Local First Arizona, a group that promotes buying from locally owned businesses, is now launching a campaign to get folks to buy locally along the light rail line. Here to talk about it is Kimber Lanning of Local First Arizona. Good to see you again, thanks for joining us.

Kimber Lanning: You as well. Thanks for having me.

Ted Simons: What are the goals here with this? Obviously the thing is called Shift the Way You Shop. How are we supposed to shift the way we shop?

Ted Simons: We're reminding people on a regular basis the more they can buy close to home, from close to home businesses, manufactured at home, anything regarding local, the better off our economy's going to be. The main message here in a big picture way is that the economy is not something far, far away someone else is going to fix for us. The economy is something we own. The more we choose to support local businesses and on a grander scale American business, the more dollars stay and recirculate which causes an increase in revenue for libraries and Fire Departments and new jobs.

Kimber Lanning: Absolutely. Little tiny increments actually make a huge difference. This campaign group from a study in Grand Rapids in Michigan that came out in 2009. And that study showed that if everyone one community, the size of Tucson, everybody in that community shifted 10% of their spending from a national company to a local company,it would create $130 million new dollars recirculating as well as 1600 brand-new jobs. It's not black or white, we're not saying support only local.
Ted Simons: Umm hmm….
Kimber Lanning: But there are small things you can do that will make a huge difference.

Ted Simons: And obviously there are some folks who say, listen, if I want to buy from a chain, I know the tax dollars are going to go into the community, you can't convince me buying locally is any different from buying from a chain is that different. How do you convince them?

Kimber Lanning: Sure, and a lot of people make that mistake. If we're talking about retail clerks and sales tax, they have a point. But that's not what we are measuring. A local guy hires a local CPA, web developer, and the list goes on and on and the dollars continue to circulate. The third area sometimes just looking at straight-up jobs. We have a lot of nationals that do great with jobs and benefits. But we have a lot of nationals frankly that offer jobs with no health care benefits. Of course they are cheaper, we're subsidizing their health care. I would be cheaper, too, if everybody else paid for my health care.

Ted Simons: Now we know why we want to change consumer buying patterns. How do you do that?

Kimber Lanning: We show people how easy it is. And one of the ways we do it is by this new campaign we are launching. Make it easy for people to find local businesses and help remind them, sometimes people have forgotten, they lead-off unique experience. You've eaten at that place five times, and maybe you've ordered the same thing every time. The chef might come out and sit at the table and talk to you and your family. It's about experimenting and finding new businesses. There are a lot of great boutiques and shops to find unique gift ideas. We have local bookstores, on and on and on, there are plenty of options out there.

Ted Simons: I know you're working with metro light rail regarding a marketing campaign. We have pictures I guess of wrapping a train or something?

Kimber Lanning: Yes we are! We have a brand-new light rail wrap for Shift The Way You Shop. I'm thrilled with it, it's very 10 exciting. The inaugural run is tomorrow, I call her she, she goes out live tomorrow. It's going to be accompanied by a mobile site. This is a very exciting time. It's going to educate people about all the cool local places want half mile of each light rail stop.

Ted Simons: So when you say a mobile site, you are on the train, you're rolling along and here comes the stop, do you press into your mobile phone?

Kimber Lanning: You go to shiftarizona.com. And using the GPS system on the phone, it’s going to tell you everything that's going come up at that next light rail stop. Restaurants, retail and entertainment. There will be information inside of the train. There will be a QR code if you'd rather snap a picture; it'll take you right to the site. What I think is one of the most exciting features is that even if you're sitting at home on your desktop, you can go to shiftarizona.com and look at what's around each one of these light-rail stations. That will enable to you plan your trip. If you're going downtown Tempe for an event or downtown Phoenix.

Ted Simons: You take a picture, that's a QR code?

Kimber Lanning: You take a picture of that and it'll take you right to the website.

Ted Simons: I wouldn't know what that thing was. I thought it was a nice little design down there. What kind of shops? Restaurants, retail? What's on the list?

Kimber Lanning: All of the above, restaurants, retail and a lot of entertainment facilities. We have a lot of museums and historical things along the light rail line. Those will be included. There will also be a listing of events. So let's say you want to know, hey, I'm in town for the weekend. I'm hitting these businesses. The 7th Avenue street fair is this weekend. Get off at the next stop and that's a huge street fair. It could be yoga at the downtown park on Saturday. As you're traveling through, it's going alert to you the fun things going on right around you.

Ted Simons: How long will it be active?

Kimber Lanning: Through the end of January. Metro light rail has been phenomenal in helping us pull this together. It'll run right through the holidays. E. B. Lane put all the graphics together for us, a long-time Arizona company put the graphics together for us.

Ted Simons: You mentioned tomorrow is going to be like a special event. You're going to be like a tour guide or something?

Kimber Lanning: I am. I'm going to do my first run as tour guide. Anybody interested in joining us can come out to the Apache and Dorsey station in Tempe at 5 o’clock, board the train on the inaugural run to 3rd and mill. We are going to explore some of the Congresswoman Ellison's favorite stops. We have prizes, Tempe trivia, we're going explore Mill Avenue. Then we go to the transportation center on 5th, that's a totally leed certified building. There's a bike seller there, many people don't know. You can ride your bike in, shower there, and get on the light rail and finish your trek.

Ted Simons: You go to downtown Phoenix and uptown Phoenix, every stop is kind of like a local personality who's going to show us around?

Kimber Lanning: Absolutely. On the 18th you can join us with Council Tom Simplot from the city of Phoenix, and on 20th you can join us with Postino owner know Craig DiMarco next. And they are all going to show us their favorite light rail shops and their favorite business around there.

Ted Simons: Last question: You've been pushing this for a while. I know it's getting some traction. Is it getting the kind of traction you want, you expected? Or is it still a ways to go?

Kimber Lanning: It's somewhere in between. We're thrilled with the traction. When we started way back when, and you were there a as supporter, there were four or five coalitions in the country. Today there are 145 coalitions in North America that are buy local coalitions. Local first Arizona is the largest. We have nearly 2000 members and we're making a significant impact. At shiftarizona.com there's a calculator where individuals can go and enter their monthly expenditures. When you say, I pledge to shift 10%, it'll show you how much you're putting back into the local economy. We've had nearly $50 million pledged across the state.

Ted Simons: Sounds like a good time starting tomorrow on the train. We'll keep an eye out for the shift Arizona train.

Ted Simons: The passenger load at Sky Harbor is up. This despite of tough economy. Here to up the sky train passenger shuttle is Deborah Ostreicher from Sky Harbor Airport. Good to see you again, thanks for joining us.
Deborah Ostreicher: Thank you Ted.
Ted Simons: Sustained passenger growth in this economy, huh? What's going on out there?

Ted Simons: I know July and August; those are busy months at Sky Harbor because everyone wants to get the heck out of dodge, year to year increases.

Deborah Ostreicher: It's funny. People usually think November, December, Thanksgiving and Christmas would be or busiest months. It's generally spring training with more people coming in, and July and August with more people going out. March, April, July and August typically the busiest months at Sky Harbor.

Ted Simons: What are you hearing from other airports? Are they seeing an uptick, as well? Or are they shifting downwards?

Deborah Ostreicher: You know it’s interesting. Some are seeing record highs and are just something general increased passenger numbers, whereas some aren't. I think what it really says about Phoenix and across the nation, an airport can often be the economic indicator and the economic -- what you look to, to see how is that community doing. So the fact that the airport numbers are up 12 consecutive months, I think thanks to Phoenix and the valley's economics as well.

Ted Simons: We should also say we're still trying to reach prerecession levels, correct? We've still got a ways to go there.

Deborah Ostreicher: Our high of passengers was 42 million-plus back in 2007. After that we started to dip down into the high 30s, and tracking toward 40 million for 2011. We're on the uptick. And sure with 12 consecutive increased months.

Ted Simons: Sure. Cargo growth, what are you seeing there?

Deborah Ostreicher: We do see some cargo growth. That's not our focus at Sky Harbor but we have seen that, as well. More products are shipping back and forth, more economic indicators that things are looking better.

Ted Simons: And at least better than lots of other airports around the country.

Deborah Ostreicher: That's true. I want to put a cafeteria yacht on that and say, while we're looking at 8% and 9% increases, that's not typical. But I think we have a lot of making up to do because of the dramatic drop. More typical would be 3%. If we see 9% and 1%, I don't want to create hope that we will see 9% forever into the future.

Ted Simons: We've got the passenger number and the cargo numbers. Let's move on to sky train. Everyone who drives by has to go, what in the heck is going on. Give us an update. What is the sky train? We're looking at some shots here. What are we looking at?

Deborah Ostreicher: The Phoenix sky train, what you're seeing now is the opening, the introduction of the very first train car being introduced into Phoenix. Over a period of time between now and early next year you'll see 18 of these train cars being delivered, part of the first segment of the sky train. What it is, it's going to connect people throughout the airport from 44th street light-rail station all the way through the airport. The first phase, it'll take you from light rail at 44th street and Washington, to the east economy parking lot where there are thousands of parking space stations, and to terminal 4. Ultimately moving to the other terminals and out to the rental car centers. Those buses that you see and the traffic and congestion, that's what we'll be alleviating.

Ted Simons: So we will have trains, is it 44th and Washington? Is it 44th and Van Buren? A little bit of both, basically Washington, correct?
Deborah Ostreicher: Right, that main street where people are transferring on the free airport shuttle today, they are taking the bus today. Ultimately that big station you see with the big curvature at 44th street, that's the Phoenix sky train station. You'll just walk across the bridge and there you'll be onto the free Phoenix sky train.

Ted Simons: Is this the kind of place where you check in, you get security clearance there? Does it take you to the airport, the terminal, and you get the security clearance? Can grandpa ride with you and sis, Junior and the crowd? Do they have to wave good-bye at 44th and Washington?

Deborah Ostreicher: That's a great question. We are hoping people will use that as pickup and dropoff. Hey, I'll take the train, it takes my five minutes, and I’ll come to the 44th street station and meet me there. Difference is that it's all on the presecurity side. Some airports you go to you may be past security already when you ride on their trains. Our train will be the kind that is presecurity. Yes, grandpa can ride with you if he chooses to.

Ted Simons: If he feels like it.
[Laughter]
Ted Simons: And these are unmanned trains, right?

Deborah Ostreicher: Yes. These are driverless electric trains. There won't be a driver but there is a controller and everything is very high-tech in a control room where they see exactly what's going on all the time.

Ted Simons: If you're driving by the area, you're seeing a very tall, high platform. Now, does grandpa have to go all the way up to the top to get on the train? How does that work?

Deborah Ostreicher: Are we talking about at 44th where we change from light rail or …?

Ted Simons: Seems like something is very high.

Deborah Ostreicher: Yes, it is, as a matter of fact. Because part of this needs to actually go over an active airport taxiway. It's the only one in the world which is really spectacular. People are coming from all over just to see this, because it is so amazing. So there is a point where the train is up and over an active taxiway, and airplanes will be going under.

Ted Simons: But you don't have to get on an escalator and ride for two or three to get to the top of the thing?

Deborah Ostreicher: At the light rail at 44th and Washington you will get off light rail, go on an escalator, walk across the bridge and go on another escalator up to the sky train. Yeah, there is a point where you will be going up escalators to board the train.

Ted Simons: When will we see what we saw earlier, the photographs of those trains? When do we see them moving, doing something in some kind of action?

Deborah Ostreicher: Now they are being delivered and cleaned up, spiffed up and getting ready for testing. Soon you will see them testing on the actual guide ways, much like you saw light rail for up to a year before really actually took passengers. You saw it riding around empty. You'll see that at Phoenix Sky Harbor Airport, as well. Thousands of miles of test are is put on these cars before they are ready for passengers.

Ted Simons: Gives us timetable for when we can start to see the testing, when grandpa can start getting on this thing, yee-haw and all the way to the terminal.

Deborah Ostreicher: Next year you will see the testing. And in early 2013. 2012 we are testing and 2013 you'll actually be able to ride the train.

Ted Simons: We'll look forward to that, and look forward to increased passenger and cargo growth at Sky Harbor. Sounds like things are going well. Good to have you, thanks for joining us.